Commonwealth v. Riberio

Robert Riberio was convicted of one count of rape of a child (G. L. c. 265, § 23), two counts of indecent assault and battery on a child under fourteen (G. L. c. 265, § 13B), and one count of indecent assault and battery on a person fourteen or older (G. L. c. 265, § 13H). At Riberio’s jury trial, the prosecutor made an opening statement that contrasted the children’s vulnerability with the defendant’s *8predatory conduct. When the prosecutor finished his opening, defense counsel objected, saying that “[i]t was a final argument couched in an opening statement.” Refusal by the trial judge to…